Expelling the Myth of Recovering a Rented Property in Scotland

Scottish tenancies created since 2018 fall under the Private Residential Tenancy (PRT) regime and have no fixed end date. While this may be seen as overly tenant-friendly, the reality is that landlords can regain possession of their property at any time after a tenancy starts, provided they have a valid ground. There are 18 such grounds, including the landlord wishing to sell, move back in, or if the tenant has materially breached the lease agreement.

In contrast, under the English system, a landlord cannot terminate a tenancy within a fixed term unless the tenant has breached the agreement. Beyond that period, Section 21 allows for ‘no-fault’ terminations, though this is due to be abolished under England’s upcoming Renters’ Reform Bill. This change will bring English legislation closer in line with Scotland’s, where a valid ground, or reason, is always required to terminate a lease.

An important clarification is that a termination is not the same as an eviction. An eviction only arises if a tenant does not leave a property after receiving a valid termination notice. The vast majority of leases are terminated without dispute, nor the need for an enforced repossession.

But the real issue isn’t legislative. The greatest delays in repossessing a property, whether in Scotland or England, come not from the law, but from tenants failing to leave a property beyond the date they are legally required to vacate. In most cases this is due to financial hardship or personal crisis. When a tenant fails to leave, a repossession process must be followed, regardless of jurisdiction or lease type. Surely no one would suggest that a tenant in Scotland is any more likely to remain in a property, having received a valid termination notice, than a tenant in England.

Indeed, Scotland offers a more streamlined repossession route. Enforced repossessions here are handled by the First-Tier Tribunal for Scotland (Housing and Property Chamber), which was created specifically to resolve housing disputes. Landlords don’t need to instruct a solicitor, and the process is designed to be cost free, accessible and transparent, with legislation written in plain English.

Repossession orders in Scotland are granted by a First-Tier Tribunal member, specialising specifically in property disputes. English repossessions are still handled through the English Courts. Both systems, however, aren’t without their back-logs and resultant delays.

Ultimately, the myth that it’s harder to repossess a property in Scotland doesn’t stand up to scrutiny. All the grounds a Scottish landlord might need to recover a property are available. What prolongs any recovery is not the legislation, but a tenant’s inability or refusal to leave. While no eviction process is without frustration and distress, Scotland’s system is arguably simpler and more consistent.

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